Detailed Answer
This section explains what typically happens under Delaware law when someone pays delinquent property taxes on land but is not the recorded owner. The short answer: paying the taxes usually protects the property from a tax sale and may create a right to seek reimbursement or other equitable relief, but it does not automatically give you legal title. You will usually remain an unpaid creditor or claim-holder unless you take additional legal steps.
Who holds legal title?
Legal title to real estate in Delaware is determined by the recorded deed and the county land records. If your name is not on the deed, you are not the recorded owner. The recorded owner retains title until the deed is properly transferred or the court orders otherwise. See Delaware real property law at Delaware Code, Title 25: https://delcode.delaware.gov/title25/.
What paying the taxes accomplishes
- Stops or delays tax collection actions: Paying delinquent taxes to the county tax collector generally prevents the county from proceeding with a tax sale (or removes an immediate threat of tax sale). Contact the county tax office for the exact effect and any redemption period that applies.
- Preserves the property: Your payment keeps municipal liens (property tax liens) from growing and preserves the asset for the heirs or the recorded owner.
- Creates a financial claim for reimbursement: Unless you have a written agreement with the recorded owner, your payment usually gives you a claim to be repaid. That claim is typically an equitable claim (a claim in court to be reimbursed) rather than an automatic change in ownership.
Common legal avenues after paying taxes when you are not on the deed
Which route fits best depends on the facts (relationship to decedent, whether probate is open, whether heirs agree, whether the property is at risk of sale). Common options include:
- Reimbursement from the owner or estate. If the land is part of a decedent’s estate, you may file a claim in probate under Delaware probate rules (see Delaware Code, Title 12: https://delcode.delaware.gov/title12/). If the estate has assets, the estate may reimburse you for taxes you paid that preserved estate property.
- Written agreement and recorded lien. Before or after paying taxes, get a written agreement with the recorded owner (or with co-heirs) that documents your payment and the remedy (repayment with interest, percentage ownership, lien, etc.). If feasible, record a written lien or an affidavit in the county land records so future buyers and the public see your claim.
- Equitable lien or constructive trust. Delaware courts can, in some circumstances, recognize an equitable lien or constructive trust when one person pays necessary expenses to preserve property for another. That relief requires filing a lawsuit and convincing a court that equity supports your claim.
- Quiet title or partition actions. If ownership is disputed among heirs or other claimants, you may need a quiet-title action (to establish your right to title) or a partition action (to divide or sell the property and allocate proceeds). Quiet-title and partition procedures are governed by Delaware real property law. See Title 25: https://delcode.delaware.gov/title25/.
- Tax-sale purchaser rights. If a tax sale already occurred and someone else bought the tax deed, your rights will depend on the sale rules and any redemption period. Contact the county tax office immediately to learn the sale status and redemption rules.
Practical consequences you should expect
- Paying taxes does not automatically put your name on the deed. To hold legal title you need a valid deed transfer or a court order transferring title.
- You will generally have to take additional action to be repaid or to secure an ownership interest. Keep all receipts, copies of checks, and written communications proving payment.
- If owners (other heirs) disagree, litigation can be required to enforce your claim, which costs time and money.
- If you want ownership rather than repayment, negotiate a deed transfer (for example a quitclaim deed from the recorded owner) or pursue court remedies available under Delaware law.
What you should do next (step-by-step)
- Confirm the recorded owner and title status. Search the county Recorder of Deeds or contact the county office where the property is located. If you do not know the county, locate it by property address.
- Collect proof of payment. Save receipts, bank records, and communications with the tax office. Ask the tax office for written confirmation that the payment cleared the delinquency.
- Talk to the recorded owner or the executor/administrator of the estate. Get a written agreement about repayment, reimbursement, or transfer of the deed if you expect ownership.
- Consider recording a written notice or a claim. Depending on your situation, an affidavit of payment or a recorded memorandum may warn future purchasers of your claim. Consult local recording rules (Title 25: https://delcode.delaware.gov/title25/).
- Open or check probate. If the property came from a decedent, determine whether probate was opened and whether a personal representative was appointed under Delaware probate rules (Title 12: https://delcode.delaware.gov/title12/).
- Consult an attorney. An attorney can advise whether you should sue for reimbursement, seek an equitable lien, pursue quiet title, or negotiate a deed transfer.
Relevant Delaware statutory resources
- Delaware Code, Title 12 (Decedents’ Estates / Probate): https://delcode.delaware.gov/title12/
- Delaware Code, Title 25 (Real and Personal Property): https://delcode.delaware.gov/title25/
- Delaware Courts (information about civil filings and court locations): https://courts.delaware.gov/
Disclaimer
This is general educational information, not legal advice. It does not create an attorney-client relationship. For advice tailored to your facts, consult a licensed Delaware attorney.
Helpful Hints
- Always get written confirmation of any tax payment from the county tax collector.
- Record a written agreement or a claim in the land records if you expect reimbursement or an ownership interest.
- Ask whether probate has been opened. If so, file a claim in the probate case to protect your reimbursement rights.
- Keep careful documentation (dates, amounts, receipts, emails, and phone notes).
- Act quickly if a tax sale is scheduled. County tax offices can explain deadlines and redemption rights.
- If multiple heirs are involved, try to resolve issues by agreement first; litigation is costly and slow.
- When in doubt, contact a Delaware attorney experienced in probate and real property for a short consultation to understand risks and options.